Posted on July 28, 2022 in Divorce

Over the course of many years, married couples accumulate a lot of stuff - and when it comes time to divorce, all the stuff needs to be divided. Some of a couple's belongings are easy to remember to include in the marital asset portfolio; bank accounts, investments, and the marital home are obvious items. Other items are easier to overlook but just as important to account for. If you are getting divorced, make sure you meet with an experienced Illinois divorce attorney who can help you make sure you get your fair share of the marital estate. Here are four often overlooked asset classes in divorce.

Intellectual Property

Intellectual property may not immediately come to mind, but it can make up a significant part of a marital estate. Examples of intellectual property include patents, inventions, books, films, artwork, music, etc. - anything which a spouse produces and makes money from. If the intellectual property was created or acquired during the marriage, it is marital property and subject to valuation and division.

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 Posted on July 26, 2022 in Divorce

Parents often have big plans for their children during summer. Camping, road tripping, and even just going down the block to the swimming pool every day can make wonderful memories, especially for a parent who sees their children less during the school year. While a great parenting plan will account for vacation time during the summer months (and the winter holidays as well), parents who live far away from each other or who have high interpersonal conflict may struggle to be flexible during the holidays. Having a family attorney can help during these challenging moments, as can understanding your options for co-parenting during the holidays.

Try to Balance Parenting Time

Children whose parents live far away from each other typically benefit from a schedule that allows them to attend school without the interruption of traveling back and forth between parents. Unfortunately, for the parent who has less parenting time during the school year, this can mean missing major portions of a child's life. Parenting plans are often structured to compensate for this during the summer months, but one potential fallout is that the parent with the children during the school year cannot travel during the summer. If parents can manage, negotiating a different schedule from year to year is acceptable if both parties agree to the changes.

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 Posted on July 21, 2022 in Child Custody

As life moves on after divorce and you and your minor children adjust to living in a one-parent home, certain changes may necessitate modifying parts of your original divorce decree. One common feature of life after divorce is remarriage, whether it be yours or that of your former spouse. In addition to the other changes that come with remarriage, you may also be wondering whether it will change your parenting plan or other parts of your divorce decree, like child support or spousal support. If you or your ex are getting remarried in Illinois, read on.

Can I Change Our Custody Arrangements if I Get Remarried in Illinois?

Unless a remarriage of either parent would impact the best interests of the child, the parenting plan is not likely to need a modification following the wedding. However, certain circumstances may warrant petitioning for a change in a parenting plan, including:

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 Posted on July 19, 2022 in Divorce

While the prospect of staying in an unhappy marriage forever can make getting a divorce a no-brainer, the aftermath can often be extremely challenging. You may worry that your ex is not safe for your children to be around, especially when they have visitors that you deem high-risk or unsavory. If you have minor children and have an Illinois parenting plan describing the parenting time schedule you share with your ex, you may be wondering whether it is possible to place limitations on the visitors your ex has while your children are in his or her home.

Can I Prevent Visitors From Being At My Ex's Home While the Kids Are There?

Unfortunately, unless you can prove that the children are being endangered, abused, or neglected, it can be difficult to prevent your ex's new partner from being around the children. Many parents have a difficult time adjusting to the idea that another non-parent adult will be in the regular company of their children, so know you are not alone in your concerns. However, dating and remarriage are seen as a natural part of life after divorce, and although you may have many legitimate reasons for finding your former spouse's new partner unsavory, he or she is ultimately responsible for making wise decisions when the children are under his or her care.

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 Posted on July 14, 2022 in Divorce

Hiding assets from a spouse is an unsavory tactic but, unfortunately, it happens frequently in Illinois divorces. The spouse who is the victim of asset hiding often has no idea that it is happening until something seems definitively off during divorce negotiations or discovery. By this point, significant damage may have already been done and it can be difficult to recover cleverly hidden assets. Fortunately, a team of experienced attorneys who have worked with complex cases can often recover hidden assets and ensure the asset division process is fair. Here are five signs your spouse may be hiding assets before or during your divorce.

Unwillingness To Talk Openly About Finances

A desire for secrecy around finances often begins a long time before a spouse will file for divorce. Unfortunately, many spouses deal with cagey conversations from their partner about financial matters for years before realizing that the unwillingness to be forthcoming stems from the fact that the sketchy spouse is hiding money or assets.

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 Posted on July 12, 2022 in Divorce

Any parent who has dealt with an unreliable ex knows how frustrating it can be. When your co-parent shows up late to custody swaps, fails to call the kids when they say they will, or forgets to share important information, you end up picking up the slack. Unfortunately, this usually means explaining to your child why their other parent is always letting them down, while simultaneously trying to avoid bashing your ex. Here are four pieces of advice for Illinois parents trying to help their kids deal with unreliable co-parents.

Avoid Taking Your Frustration Out on Your Kids

Because your children are there when your co-parent does not come to appointments or fails to pack important homework, your kids can easily become the catch-all for your frustrations. But try to remember that your co-parent's behavior is also affecting them and they do not have the maturity or context to manage their disappointment as well as you do. Find a great friend or therapist you can complain to when your ex fails to show up so your kids do not have to deal with your frustration, too.

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 Posted on July 07, 2022 in Divorce

Losing a job is never easy, but losing your job during the middle of an Illinois divorce can be a nightmare. The financial difficulties and stress of divorce are rapidly compounded by job loss, and these can be heightened by the fact that failure to meet court-ordered financial obligations comes with serious consequences. Unfortunately, as economists speculate that the U.S. economy is moving towards a contraction, this situation is likely to become a reality for many people. With the help of an experienced Illinois divorce attorney, however, you do not have to navigate this complex situation alone.

The Reason For the Job Loss Matters

Courts are less than sympathetic to spouses who are voluntarily unemployed or underemployed because they want to avoid losing money in a divorce. However, if you are laid off for reasons beyond your control, a court is much more likely to be flexible and understanding than if you quit your job because you want your child support payments to be lower.

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 Posted on July 05, 2022 in Divorce

Parents seeking to create or modify an Illinois parenting agreement often experience heated disagreements about the best arrangement for their children. When mediation or other negotiations fail to resolve the conflict, or when abuse or violence is present, parents may need to take the case to trial. Child custody trials have many unpleasant features, perhaps the most significant being that each parent's behaviors are brought into the limelight. Judges will examine your home environment, personality, and parenting skills in scrupulous detail. Here are three mistakes to avoid if you are seeking parenting time and parental responsibilities in an Illinois child custody case.

Discussing Your Case on Social Media

It can be tempting to vent your frustrations on social media where you can find many people willing to sympathize and give you encouragement. But sharing on social media, even in ways that may seem innocuous, potentially exposes you to further attention and criticism. Avoid talking about anything related to your divorce and - even better - avoid social media altogether until your case is finalized.

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 Posted on June 30, 2022 in Divorce

Research suggests that the negative effects of divorce on children in Illinois and across the rest of the United States can last for many years after the divorce is finalized. Children are often stuck in the middle as parents struggle to manage their relationship with each child and the challenging divorce process simultaneously. Unfortunately, this often results in direct or indirect attempts at parental alienation and enormous negative impacts on children's mental health.

There is good news, however. Family counseling allows parents and children to learn more about how to manage divorce with skill and compassion. It teaches parents to collaborate and avoid inadvertently harming the children, and it teaches children the skills they need to manage and process their emotions about the divorce.

How Does Divorce Affect Children?

Even if a child's parents did not have a great relationship before the divorce, the jarring separation of a child from living with both of her parents - and the changes in living situations this separation brings - can be deeply unsettling. Depending on her age, a child may struggle to understand why her parents are separating and what it means for her future. She may feel fear, depression, and anxiety, and even the best-behaved child may begin to act out unpredictably.

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 Posted on June 28, 2022 in Divorce

For some people, the initial shock of finding out their spouse committed a crime that landed them in an Illinois jail is a divorceable offense the first time it happens. Others may have given a spouse chance after chance and finally cannot take their behavior any longer. For victims of domestic violence, jail time may also offer an opportunity to finally escape the jailed abuser without fear of reprisal. Whatever the situation may be, having a spouse in jail can be overwhelming and divorce is often a natural consequence.

Do I Have to Wait For My Spouse to Get Out of Jail to File For Divorce?

You do not need to prove that your spouse was at fault to get divorced in Illinois and whether your spouse is in prison does not affect whether you can file for divorce. In fact, in some ways it may be easier to file for divorce because the spouse's location is known and it is easier to serve divorce papers. You must include your spouse's inmate number, which you can find on the Illinois Department of Corrections website, on your divorce filing. Make sure you pay any filing and serving fees and get confirmation that your spouse received the papers.

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